The CEDR Commission on Settlement in International Arbitration, composed of leading authorities in the field, has now published a draft Report and Rules and is in the final consultation phase and is now, until August 2009, seeking comment from the international arbitration community.
The Commission, which was set up to offer the arbitration community help to improve settlement rates in arbitration, found that arbitral tribunals are only occasionally pro-active in facilitating settlement, and this is limited to certain specific jurisdictions. This finding is supported by research showing that settlement rates in arbitration are significantly lower than in many national courts, where judges systematically promote early settlement and the use of ADR techniques such as mediation.
In addition to being able to view and submit comments on-line, the consultation will also include a series of seminars in a number of key venues around the world. The Report which will be published later in the year, will include best practice tools and draft rules for use by arbitrators and arbitral bodies in their future dispute resolution work.
A key premise of the Commission’s work, which is supported by studies of the attitudes of international business to dispute resolution, is that parties generally want their problems solved cost effectively and efficiently and that this will often be best achieved through a negotiated settlement.
Historically international arbitration has been chosen as the dispute resolution forum for cross-border commercial contracts, largely because it offers neutrality and awards that are enforceable around the world. However, many of its users and practitioners recognise a need for reform.
About The Commission
In 2007 CEDR formed the Commission on Settlement in International Arbitration to review the current practice regarding the promotion of settlement by international arbitral tribunals and to come up with recommendations to improve this aspect of the process for end-users. The Commission chaired by Lord Wolf of Barnes and Professor Gabrielle Kaufmann-Kohler is comprised of many of the world’s foremost international arbitrators (See attached list of commission members) and arbitration bodies from over 24 countries worldwide were invited to participate.
Further information on the work of the Commission and a copy of the draft recommendations and Rules for comment can be found on CEDR’s website at www.cedr.com/arbitration.
CEDR is the leader in the development of neutral-assisted dispute resolution. It is a non-profit organisation and its mission is to encourage and develop cost effective dispute prevention and dispute resolution in commercial and public sector disputes and in civil litigation. CEDR operates in the UK and internationally and has been instrumental in helping to bring mediation into the heart of business practice and into the judicial system. CEDR Mediator Accreditation is recognised as an international standard.
For more information please contact:
Lisa Drake or Andy Rogers, CEDR, Telephone: +44(0)20 7536 6000, E-mail: email@example.com or firstname.lastname@example.org
This press release was distributed by ResponseSource Press Release Wire on behalf of Centre for Effective Dispute Resolution (CEDR) in the following categories: Public Sector, Third Sector & Legal, for more information visit https://pressreleasewire.responsesource.com/about.